Constitutional Capture in Poland 2016 and Beyond: What is Next?

2016 will go down in history as fundamental in the institutional history of Polish Constitutionalism. It began with an unprecedented attack on the Constitutional Tribunal, rule of law, checks and balances and judicial independence. It ends with full-blown constitutional crisis. The dramatic events in the Sejm and on the streets only corroborate that Poland is on the slippery slope towards autocracy.

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Polish Constitutional Tribunal goes down with dignity

On 11 of August 2016 the Polish Constitutional Tribunal (“Tribunal”) decided case K 39/16 in which it disqualified, for the second time in the span of 5 months, court-packing provisions contained in the Law of 22 July, 2016 on the Constitutional Tribunal. Separation of powers, judicial independence and effective functioning of the constitutional court were again the keywords that informed the analysis. After this most recent case the clock is ticking on the Tribunal and this time the self-defense by way of courageous judicial pronouncements might not be enough to survive.

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